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(영문) 서울북부지방법원 2020.11.24 2020가단116651
대여금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Plaintiff’s assertion

and Determination

A. The Plaintiff’s assertion was known on November 15, 2017 and lent KRW 200 million to the Defendant, who is a middle school, at the rate of 2.5% per annum (30% per annum) after having been determined and lent to the Defendant, as the Plaintiff claimed for the payment of damages for delay from the date following the delivery of the principal of the above loan claim and the duplicate of the complaint in this case against the Defendant.

B. According to the statements in Gap evidence Nos. 1 through 6, the Plaintiff transferred KRW 200 million to the Defendant’s account through his/her bank account on November 15, 2017. After that, the Defendant, from December 13, 2017 to February 18, 2019, remitted to the Plaintiff KRW 500,000,000,000 per month, from May 29, 2019, KRW 500,000,000 on July 2, 2019, KRW 500,000 on July 5, 2019, KRW 500,000 on September 5, 2019, and KRW 500,000 on September 30, 2019, respectively.

On the other hand, if Gap evidence Nos. 7 and Eul evidence Nos. 1 through 5 (including the number of branch offices) show the overall purport of the pleadings, the defendant transferred KRW 200 million to D bank account immediately after the plaintiff received the above KRW 200 million from D on Nov. 15, 2017, and the defendant received KRW 5 million each month from D and transferred KRW 100 million to the plaintiff on March 29 and April 1, 2019, and transferred KRW 100,000 to KRW 30,000,000 from the plaintiff on July 15, 2019, and the defendant received KRW 9,500,000 from the plaintiff on May 29, 201, and transferred KRW 9,000,000 from KRW 50,000 each month to the plaintiff on May 1, 205, 209.

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